Property related question
3 years ago
My father-in-law passed away last year, he owns a house. He has executed a WILL stating upon his wife’s (mother in law) death the house should be divided among his 3 children (one son and 2 daughters), but currently son is staying and 10 months ago he forced mother to move out of house. My questions are, now can the property be sold by my mother in law? What steps should be taken to move him out of the house and my mother in law feels unsecured there.
A.Dear Sir,
Till the death of your mother-in-law nobody has right on such property.
Till the death of your mother-in-law nobody has right on such property.
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Ankur Goel @ Complete Law Shield
Responded 3 years ago
A.first your mother in law have to give complaint for danger to her life. if son can throw her out of house then he can kill her also for property 'WILL'.
your mother in law have to file domestic violence case on son.
she also have relief from 'Maintenance and Welfare of Parents and Senior Citizens Act'
now you are eyeing the property so if she can sell it then your wife will get money but your mother in law can not get full property on her name.
Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
your mother in law have to file domestic violence case on son.
she also have relief from 'Maintenance and Welfare of Parents and Senior Citizens Act'
now you are eyeing the property so if she can sell it then your wife will get money but your mother in law can not get full property on her name.
Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
your mother is the senior citizen of India. As per the will, after the death of the mother, the property has to be distributed among the children. since its a will and not a gift deed, it can not be revoked, however your mother has certain rights against this horrendous act of the son:
1. she can file an FIR,
2. send him a legal notice to vacate the house as she is alive and he does not owns the property yet.
3. go to court and file an Injunction
4. any other compensation, grievances she wants from the court.
To assist you in a better way, you can contact us through the vidhikarya platform.
your mother is the senior citizen of India. As per the will, after the death of the mother, the property has to be distributed among the children. since its a will and not a gift deed, it can not be revoked, however your mother has certain rights against this horrendous act of the son:
1. she can file an FIR,
2. send him a legal notice to vacate the house as she is alive and he does not owns the property yet.
3. go to court and file an Injunction
4. any other compensation, grievances she wants from the court.
To assist you in a better way, you can contact us through the vidhikarya platform.
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A.Hi,
The Maintenance and Welfare of Parents and Senior Citizens Act protects the elderly who have signed away their property and are then left destitute. MUMBAI: Elderly parents can take back a share in their property given to a son as a gift if he fails to look after them or harasses them, the Bombay high court has ruled.
As per the will, the property does not belong to mother, so she can not sell it or take it back. had it been a gifted property, the gift deed could have been revoked.
however you can file a complaint/FIR against him for ill-treating the mother.
1) your mother should move court and seek permanent injunction directing son to vacate the residential premises
2) your mother being a senior citizen can also move senior citizen tribunal for necessary reliefs
for more details, you can contact us.
thanks & regards
The Maintenance and Welfare of Parents and Senior Citizens Act protects the elderly who have signed away their property and are then left destitute. MUMBAI: Elderly parents can take back a share in their property given to a son as a gift if he fails to look after them or harasses them, the Bombay high court has ruled.
As per the will, the property does not belong to mother, so she can not sell it or take it back. had it been a gifted property, the gift deed could have been revoked.
however you can file a complaint/FIR against him for ill-treating the mother.
1) your mother should move court and seek permanent injunction directing son to vacate the residential premises
2) your mother being a senior citizen can also move senior citizen tribunal for necessary reliefs
for more details, you can contact us.
thanks & regards
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sanjay panda
Responded 3 years ago
A.Dear client
As per conditions of will your mother-in-law can act upon property. Further she can file complaint under DV act and seek protection.
As per conditions of will your mother-in-law can act upon property. Further she can file complaint under DV act and seek protection.
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Jagannath S Pawar
Responded 3 years ago
A.If the properly is still in the name of ur father in law u will have to get the concerned Will probated from Court and then ur mother in law can sell it. As concern of ur bro in law harassing her ur mother in law can file domestic violence case and seek appropriate reliefs including that of maintenance and residence and Court can direct him.to move out from the house. For further n exact advice plz contact through Vidhikarya
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